TERMS OF USE – SOGI AND ONLINE CONSULTING PLATFORMS

The platforms SOGI and Online Consulting and all associated modules, features, products, and services are made available and operated by AMBIPAR ESG (hereinafter referred to as “AMBIPAR ESG”).

These Terms of Use establish the conditions applicable to access to and use of the platforms, including, but not limited to, their web environments, mobile applications, integrated systems, and other technology solutions provided.

Considering that some solutions may run on computers, smartphones, tablets, or other electronic devices, the user acknowledges and agrees that:

  • automatic, periodic, or necessary updates may occur to improve performance, security, and service continuity;
  • such updates may include corrections, new features, or technical adjustments;
  • these Terms of Use also apply to any updated versions of the software and platforms.

WARRANTIES

Within the scope of the contracted services and solutions, AMBIPAR ESG provides the warranties described below:

Legal and Regulatory Compliance

AMBIPAR ESG undertakes to fully comply with the laws, standards, regulations, and other legal and contractual requirements applicable to its activities, products, and services, including, where applicable, obligations related to information security, privacy, and personal data protection, pursuant to Law No. 13,709/2018 (LGPD) and the ISO/IEC 27001 and ISO/IEC 27701 standards.

Technical and Professional Liability

AMBIPAR ESG shall be liable for acts and/or omissions proven to constitute lack of skill, recklessness, negligence, or legal violation directly related to the services provided, except in cases of fortuitous event, force majeure, exclusive fault of the CUSTOMER, or unauthorized third parties.

Correction of Failures and Rework

AMBIPAR ESG guarantees, at no additional cost to the CUSTOMER, the correction or re-performance of services that present technical failures attributable to it, subject to the limitations set forth in the preceding item and upon formal notice within a reasonable period.

Information Security and Data Continuity

AMBIPAR ESG adopts technical and administrative measures to ensure the confidentiality, integrity, and availability of the information entered into the SYSTEM, including, but not limited to:

  • use of encryption mechanisms and protection of data in transit;
  • profile-based access control and authentication;
  • monitoring and logging of relevant security events;
  • automatic periodic backups, stored for a minimum period of 30 (thirty) days;
  • data restoration procedures in the event of an operational failure of the SYSTEM.

Restorations requested due to error, misuse, or an improper request by the CUSTOMER may incur an additional charge, upon prior notice.

Preventive and Enhancement Maintenance

AMBIPAR ESG may perform preventive, corrective, or enhancement maintenance on the platforms whenever necessary to ensure security, performance, and technological updates, upon prior notice to the CUSTOMER at least 05 days in advance in emergency situations.

Storage of Records and Communications

AMBIPAR ESG guarantees the storage of records of emails sent through the SYSTEM for up to 3 (three) months for traceability, audit, and technical support purposes, in accordance with internal retention and secure disposal policies.

Limitation of Liability for Third-Party Interventions

AMBIPAR ESG is not liable for failures, unavailability, or changes made by unauthorized third parties, including integrations, customizations, or technical modifications made outside the contracted scope.

Legal and Advisory Content

The legal information made available in SOGI is prepared based on official sources and recognized criteria of quality, currency, and reliability.

However, any interpretations, recommendations, and comments provided are advisory in nature and do not replace specific legal analysis or administrative decisions by the CUSTOMER.

Protection of Data in Transit

To protect information in transit, AMBIPAR ESG uses recognized security mechanisms, including AMBIPAR ESG, to prevent interception and unauthorized access during data transmission.

Evidence of Unavailability

Any unavailability must be formally reported by the CUSTOMER by email notification, containing, whenever possible:

  • date and time of the occurrence;
  • objective evidence, such as screenshots or technical records
  • description of the observed impact.

Liability for Unauthorized Access

If the CUSTOMER permits or grants platform access to unauthorized third parties or improperly shares credentials, it shall assume full responsibility for any resulting consequences, including security incidents and breaches of confidentiality.


USE OF THE SYSTEMS

License to Use

AMBIPAR ESG grants the CUSTOMER the right to use the SYSTEMS (SOGI and Online Consulting Platforms) on a non-exclusive, non-transferable basis limited to the term of the agreement, solely for the purposes set forth in this instrument.

Limitations on Use

The following are not included in these Terms:

  • specific customizations not provided for in the contracted scope;
  • modifications, integrations, or adaptations made without formal authorization from AMBIPAR ESG.

Any use other than as provided herein may result in suspension of access to the SYSTEMS, without prejudice to applicable contractual measures.

Technical Support

Technical support will be available on business days, Monday through Friday, from 08:00 to 17:30 (Brasília time), through the official channels indicated by AMBIPAR ESG.

Intellectual Property

The methodology, architecture, layout, flows, source code, features, technical content, and other elements comprising the SYSTEMS constitute the exclusive intellectual property of AMBIPAR ESG, and their reproduction, reverse engineering, assignment, sublicensing, or commercial exploitation without express authorization is prohibited.

Responsibility for Use

AMBIPAR ESG is not liable for:

  • the entry of incorrect, incomplete, or outdated data by the CUSTOMER;
  • decisions made based on information extracted from the SYSTEM without supplementary technical or legal analysis;
  • failures resulting from misuse, negligence, or violation of security guidelines.

AMBIPAR ESG's liability is limited solely to the proper operation of the SYSTEMS, within the limits of this instrument.

Quality of Services Provided

AMBIPAR ESG is responsible for the quality and performance of the contracted services and undertakes to maintain appropriate standards of operation, support, and continuous improvement of the solutions provided.


PRIVACY AND PERSONAL DATA PROTECTION

For the purposes of Law No. 13,709/2018 (LGPD), the CUSTOMER declares itself to be the DATA CONTROLLER of the Personal Data entered into the SYSTEMS and is responsible for defining the purposes and legal basis and providing information to data subjects.

AMBIPAR ESG acts as the DATA PROCESSOR of Personal Data, processing it exclusively in accordance with the CUSTOMER's instructions and solely for the performance of the agreement and provision of the services.

Data Processed

In connection with performance of the agreement, the following data may be processed, as applicable:

  • registration data (name, email address, telephone number, job title, and company);
  • access credentials (login and encrypted password);
  • access records and logs (IP address, date, and time);
  • other information entered into the SYSTEM by the CUSTOMER.

Purposes of Processing

Personal data is processed exclusively for:

  • performance of the agreement and provision of the services;
  • technical support and customer service;
  • compliance with legal and regulatory obligations;
  • assurance of information security, traceability, and auditing.

Legal Basis

Personal data is processed primarily on the basis of performance of the agreement and compliance with legal obligations, with consent being used only when strictly necessary under applicable law.

Data Sharing

AMBIPAR ESG does not sell personal data. Data is shared only when required by law or court order.

Information Security and Privacy

AMBIPAR ESG adopts technical and administrative controls compatible with the ISO/IEC 27001 and ISO/IEC 27701 standards, including, among others:

  • logical access control;
  • encryption of data in transit;
  • backup and retention policies;
  • logging and monitoring of relevant events;
  • security incident management.

Rights of Data Subjects

Personal data subjects may exercise their rights under the LGPD through the channels indicated below.

In its capacity as DATA PROCESSOR, AMBIPAR ESG will provide technical support to the CUSTOMER whenever necessary to enable requests to be fulfilled.

📩 suportetecnico.esg@ambipar.com / dpo.esg@ambipar.com / click here

Security Incidents

AMBIPAR ESG will notify the CUSTOMER, within a reasonable period, of any security incidents that may pose a relevant risk or cause relevant harm to personal data processed within the SYSTEM, in accordance with its internal incident management procedure.


COOKIE POLICY

The SYSTEMS use cookies and similar technologies for:

  • essential operation and authentication;
  • information security;
  • collection of anonymized usage statistics.

Non-essential cookies will only be used when required by applicable law.

Users may manage or block cookies directly in their browser, acknowledging that disabling certain cookies may impair SYSTEM features.

ACCEPTANCE AND CONSENT

Acknowledgment and Acceptance

By using the SYSTEMS, the CUSTOMER declares that it:

  • has read, understood, and agrees to these Terms of Use;
  • is aware of the Privacy and Data Protection Policy;
  • acknowledges the conditions related to information security;
  • accepts the use of cookies under the terms described herein.

Validity of Acceptance

Electronic acceptance of these Terms is fully legally valid and has the same effect as a physical signature under applicable law.

Personal Data Processing (LGPD)

The CUSTOMER acknowledges and gives free, informed, and unambiguous consent to the processing of personal data carried out in connection with performance of the agreement, in accordance with AMBIPAR ESG.

AMBIPAR ESG undertakes to process personal data exclusively for legitimate, specific purposes necessary for the provision of the services, adopting appropriate security measures and respecting the rights of data subjects.


ACCEPTANCE STATEMENT

I declare that I have read and accept the Terms of Use, the Privacy Policy, and the Cookie Policy for use of the SOGI System and Online Consulting.